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School Law: State of Maine


Compendium Project
Lynn M. Rush
EDU 702: School Law
University of New England
August 2014

Statement of Academic Honesty: I have read and understand that plagiarism policy as
outlined in the Student Plagiarism and Academic Misconduct document relating to the
Honesty/Cheating Policy. By attaching this statement to the title page of my paper, I
certify that the work submitted is my original work developed specifically for this course
and to the MSED program. If it is found that cheating and/or plagiarism did take place in
the writing of this paper, I acknowledge the possible consequences of the act/s, which
could include expulsion from the University of New England.

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Module 1, Legal Framework of Education
I. Statutes
A. Constitution of Maine http://www.maine.gov/legis/co/
The following sections of the Constitution of the State of Maine address education
indirectly and directly:
Article I. Section 6-A Discrimination against persons prohibited addresses due
process.
Article IV. Part Third, Legislative Power: Section 2, Section 19, and Section 21
addresses the process of a bill becoming a law and power of city
councils.
Article V. Part First, Executive: Section 8, addresses the governors power of
nomination, and Section 12, addresses enforcement of law.
Article VI. Judicial Power.
Article VIII. Part First. Education: Section 1, addresses towns supporting public
schools, Section 2, addresses loans to assist with higher education.
Article IX. General Provisions: Section 7 and 8 deals with valuation and taxation,
Section 8. 3, School districts deals with authorizing School
Administrative
Districts to levy, Section 9 addresses power of taxation,
Section 18, 18A,
& 18B all address funds of Maine State retirement
which affect teachers
retirement, and Section 24, 3 deals with Judicial
Review and states that the
Supreme Judicial Court has original jurisdiction to
hear any challenge to
an apportionment law enacted by the Legislature.
B. Maine State Statute/s That Cover Education
http://www.mainelegislature.org/legis/statutes/20-A/title20-Ach0sec0.html
Title 20-A: Education
Major Categories
Part 1. General Provisions
Part 2. School Organization
Part 3. Elementary and Secondary Education
Part 4. Specific Education Programs
Subpart 1: Specific Education
Subpart 2: Applied Technology Education
Subpart 3: Other Programs
Part 5. Post-Secondary Education
Part 6. Teachers
Part 7. School Finance
Part 8. Rehabilitation Services
Part 9. Learning Technology
Part 10. Interstate Compact on Educational Opportunity for Military
Children
C. Maine Department of Education http://www.maine.gov/doe/index.html
Duties of DOE
The DOE is a resource to state legislators in providing information about DOE
programs and Maines education system. This state agency, at times, proposes bills and
takes positions of legislation affecting education. The Department also adopts rules to
implement laws passed by the Maine Legislature.

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Responsibilities: Title 20-A Part 1., Ch 3. Subchapter 1: 201. Purpose of the department:
This law states that the purpose of the DEO is to supervise public education, guide and plan for a
coordinated system of public education for all citizens of the State based on the system of learning results
as established in section 6209;[ 2001, c. 454, 1 (AMD) .]; Interrelation with other programs; Interrelate
public education with other social, economic, physical and governmental activities, programs and services [
1989, c. 700, Pt. B, 6 (AMD) .]; Cultural services. [ 1989, c. 700, Pt. B, 7 (RP) .]; Advancement of
education; Encourage and stimulate public interest in the advancement of education.[ 1989, c. 700, Pt. B,
8 (AMD) .]; and Cultural and historical heritage. [ 1989, c. 700, Pt. B, 9 (RP) .]

II. Positions of Education


A. Commissioner of Education: James E. Rier, Jr.,
http://www.maine.gov/doe/inside/commissioner.html
Rier, Education Commissioner, was sworn in by Gov.LePage on 2/20/2014.
The Commissioner of Education is nominated by the Governor of Maine and confirmed
by the Legislature. This position is the chief executive officer of the Maine Department
of Education (DOE) and is responsible to oversee the DOE, which regulates education in
the state of Maine. This position also provides technical assistance and educational
leadership.
B. Maine State Board of Education
http://www.maine.gov/sbe/index.html
The Board of Education is a nine-member board appointed by the Governor. Four of the
members must live in Maine's First Congressional District when appointed, four must
live in the Second Congressional District, and one can live in either Congressional
District. Board member serve staggered, five-year terms. The board also includes two
non-voting student members appointed by the Governor
III. State Court System
A. Constitution of Maine http://www.maine.gov/legis/const/
Information provided under Statutes (Module 1), in first section
B. State Court System http://www.courts.state.me.us/index.shtml
Summary of Structure: Maine court system resembles the federal
court and is comprised of three courts: Supreme Court, Superior Court,
and District
Court.
http://www.courts.state.me.us/maine_courts/district/directory.shtml
1. The Supreme Judicial Court is the States highest
Court and the court
of final appeal (Hillman & Trevaskis, 2014).
http://www.courts.maine.gov/maine_courts/supreme/
2. The Superior Court, mid-level court, includes a
jury and tries almost
all civil and criminal matters. There are 16
superior courts, one per-county
http://www.courts.maine.gov/maine_courts/superior/index.shtml
3. The District Court is the lowest-level court and tries
lesser criminal
offenses and civil actions under a certain dollar
amount (2014). Maine appoints
its judges and justices
http://www.courts.maine.gov/maine_courts/district/index.shtml
IV. U.S. Circuit Court of Appeals

http://www.ca1.uscourts.gov/

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Maine resides in the First Circuit of Appeals as does New
Hampshire,
Massachusetts, Rhode Island, and Puerto Rico.
V. Major State Court Cases
1. Donahoe v. Richards Supreme Judicial Court of Maine 38 Me. 379 (1854) A
student was expelled for refusing to read a selected version of the bible. She
wanted to read the version that reflected her religious beliefs and to do
otherwise was viewed as being sinful.
http://scholarship.law.wm.edu/wmborj/vol14/iss3/10
2. Julia Anderson et al. v. Town of Durham et al.,
The Plaintiff sought taxpayer funds to finance private education at a religious
school. U.S. Supreme Court doesnt accept case challenging Maine Law
Protecting Religious Freedom 11/28/06.
https://www.aclu.org/religion-belief/mclu-applauds-us-supreme-courtdecision-not-accept-case-challenging-maine-law-protec
3. Fitzgerald v. Barnstable School Committee (07-1125)
http://www.law.cornell.edu/supct/cert/07-1125
Module 2, Tort Liability
I. Statutes Relating to Corporal Punishment, Seclusion, and Restraint
A. Corporal Punishment / Restraint:
20-A Pt 3 Elementary and Secondary, Ch 201: 4009. Civil liability: This law states that an
employee cannot be held civilly liable for use of reasonable degree of force against a person who create a
disturbance when it is necessary to do the following: control the behavior and/or remove the person from
scene of disturbance. However, the force cannot be reckless or intentional.
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec4009.html
B. Seclusion:
20-A Pt 3, Ch 206, Subchapter 1 4502. School approval requirements: This addresses the use
of time-out areas. It states specifically that The use of a time-out area is subject to the following: (1) The
time-out area must be well ventilated and sufficiently lighted. The time-out area may not be locked; and
(2) The time-out area must be designed to ensure the safety of the student so that the student is supervised
by a professional staff member in the room or can be observed from outside of the time-out area and can be
heard by a person supervising the time-out area; [2009, c. 313, 2 (AMD).]
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec4009.html

II. Statutes Relating to Concussions


20-A Subchapter 254, 17. Model Policy for Management of Concussion and Other Head
Injuries: this states that the commissioner, with others noted in the statute, will develop a model policy
addressing concussive and other head injuries in school activities/athletics.
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec254.html
20-A 1001, 19. Adoption of Policy to Manage Concussion and Other Head Injuries: This
states that starting 1/2013 school boards and governing body that has more than 60% of students at public
expense in Maine shall have a policy addressing management of concussive and head injuries consistent
with policy developed in accordance with 254, 17.
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec1001.html

III. Statutes Relating to Bullying


http://www.mainelegislature.org/legis/bills/bills_125th/chapters/PUBLIC659.asp
P.L. 2012, ch. 659 (L.D. 1237), An act to Prohibiting Bullying and Cyberbullying in Schools:
Sec. 1. 20-A MRSA 254, sub-11-A. Modelpolicy;reporting.Thisstatesthatstarting1/1/2013,the
commissionerwilldevelopamodelpolicytoaddressbullyingandcyberbullyingforschooladministrative
unitsthatrelatestosection6554.Thislawstatesthatacopyofthemodelpolicymustbesenttoeach
schooladministrativeunitintheState,mustbepostedonportionofthedepartment'swebsitealongwith

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anytrainingandinstructionalmaterialsrelatedtothepolicythatthecommissionerdeterminesnecessary.
Thisincludesaprocedureforschooladministrativeunitstoreport(nonidentifyingindividuals)
substantiatedincidentsofbullyingandcyberbullyingtothedepartmentonatleastanannualbasis.Ithasto
includethespecificnatureoftheincidents,andtheconsequencesandtheactionstaken,butnotnamesof
students.
http://www.mainelegislature.org/legis/statutes/20A/title20Asec254.html
20-A MRSA 1001, sub-15, H, asenactedbyPL2005,c.307,3,isection2samendedto
read:H.Establishpoliciesandprocedurestoaddressbullying,harassmentandsexualharassmentasset
forthinsection6554.
20-A MRSA 6554section3Prohibitiononbullyinginpublicschools:Thislawaddresses
impactofbullyingandcyberbullying.Italsodefinesalternativesdiscipline,bullying,andcyberbullying.
Arangeofparametersisprovidedinaddressingbullyingtoschoolrelated/affectedissues.Italsoprovides
whatneedstobeincludedinthepoliciesandproceduresthataddressbullyingaswellasdisseminationand
applicationofthepolicy.
http://www.mainelegislature.org/legis/statutes/20A/title20Asec6554.html

IV. A. Comparative or Contributory Negligence as a defense


14: 156. Comparative Negligence: This law covers damages when there is shared
responsibility. This law states henanypersonsuffersdeathordamageasaresultpartlyofthatperson's
ownfaultandpartlyofthefaultofanyotherpersonorpersons,aclaiminrespectofthatdeathordamage
Thislawalsodefinesfaultasnegligence,breachofstatutorydutyorotheractoromissionthatgivesriseto
aliabilityintortorwould,apartfromthissection,giverisetothedefenseofcontributorynegligence.
[1999,c.633,1(AMD);1999,c.633,3(AFF).]
http://www.mainelegislature.org/legis/statutes/14/title14sec156.html

B. Immunity safeguards for school personnel


20-A Pt 3 Elementary and Secondary, Ch 201: 4009. Civil liability: This law states that an
employee cannot be held civilly liable for use of reasonable degree of force against a person who create a
disturbance when it is necessary to do the following: control the behavior and/or remove the person from
scene of disturbance. However, the force cannot be reckless or intentional.
http://mainelegislature.org/legis/statutes/20-A/title20-Asec4009.html

V. Other items
20-A Part 1, Ch 3, Subchapter 2: 262. Violence prevention and intervention: This law states
that the commissioner will provide the following: technical assistance to school administrative units that
request it, in the provision of violence prevention and intervention training programs for teachers, school
staff and students. Conflict resolution education, peer mediation and early identification and response to
signs of violence is the focus of violence prevention. [1999, c. 781, 1 (NEW).]
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec262.html

Module 3, Church-State
I. State law that relates to religion (a moment of prayer or meditation)
20-A, 4805 2. Period of Silence: States that a school board may require, at the beginning of the
day, that a period of silence will be observed for reflection or meditation with no other
activity happening.
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec4805.html
20-A 1001, 112. Salaries of Person Absent: States that for employees
with yearly contracts or on tenure can observe religious holidays that is a bona fide
observance of a designated holiday within his/her church of their faith, with no
reduction in pay.
20-A 4805 Other Special Observances 9. Religious Holidays: States
that public schools may acknowledge religious holidays in a manner that does not
endorse religion.
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec4805.html

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20-A 6355. 3. Philosophical or religious exemption: This law says that
a parent needs to write a letter requesting an exemption of immunization because of
a sincere religious belief or philosophical reason.
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec6355.html
20-A 6451 3. Exempt students: This is similar to the immunization
exemption. This states that a child can be exempted from health screening on
religious grounds needs to be in writing. However, health screening has to happen
if there is an apparent sight or hearing defect.
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec6451.html
20-A 1224-A. Release time for religious observance: States that
students can participate in a course of moral or religious observance (at a suitable
place / church/ place of worship release can be granted for instruction up to 1 hour
per week).
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec6451.html

II. State law relating to tax vouchers being used at any school including religious
schools
20-A 2951- 2955 discusses school voucher laws. Students who reside in
a district that does not have a public school or contracts with another district are
eligible. Private school participation requires that if at least 60% of a private schools
student attendance is publicly funded, the school must participate in the state
assessment, but the private school must be non-religious. The max dollar voucher
is equal to the statewide average per pupil allocation.

http://www.ncsl.org/research/education/voucher-law-comparison.aspx
III. Identify if your state has a Blaine Amendment
Maine does not have a Blaine Amendment
http://www.maine.gov/legis/const
IV. Any state court cases or cases settled within your Circuit Court that contested
church/state issues
1. Weisman v. Lee, 908 F. 2d 1090 (1st Cir. 1990), affd. 112 S. Ct. 2649 (1992).
Addressed graduation speakers that includes religious content
http://www.oyez.org/cases/1990-1999/1991/1991_90_1014
2. Eulitt v. State of Maine, 386 F 3d 344 (1st Cir. 2004).
Addressed public tuition funds to be spent by parents at religiously-affiliated private
schools.
http://caselaw.findlaw.com/us-1st-circuit/1459164.html
3. https://www.aclu.org/religion-belief/mclu-applauds-us-supreme-courtdecision-not-accept-case-challenging-maine-law-protect
V. Other Items Found
30-A 4724 EXPENDITURES 9. Advisory organization: This part of the statute limits a
municipality by stating that it cannot provide services, materials, or equipment for use in religious courses,
devotional exercises, religious training or religious activity.
http://www.mainelegislature.org/legis/statutes/30-A/title30-Asec5724.html
20-A M.R.S.A. 4010 : States that the pledge of allegiance should be allowed in schools, but
should no be mandated that all students do so.
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec4010.html

Module 4, Student Classification

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I. State statutes or the part of the state constitution that looks at equity of
opportunity in education, which includes school financing
Constitution of the State of Maine Article VIII Part First Education:
1. Legislature shall require towns to support public schools; duty of Legislature: will require towns to
support and maintain public school
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec2.html
5, 4602: This law addresses 4 areas of unlawful discrimination: basis of sex, basis of physical or
mental disability, basis of national origin or race, and basis of sexual orientation.
http://www.mainelegislature.org/legis/statutes/5/title5sec4602.html
20-A Ch 801, Pt 9, 19102: Fund purpose and plan. This law address equity in providing
technology resources for students that are economically disadvantaged or have special needs.
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec19102.html

20-A Chapters 601-612 address school funding


http://www.mainelegislature.org/legis/statutes/20-A/title20-Ach0sec0.html

II. State statutes that provide guidelines for working with ESL children, illegal
immigrants, homeless children, gender or any other designated group (not including
children with disabilities
A. ESL 20-A 8601, Adult Education, Definitions16. Basic literacy instruction. "Basic
literacy instruction" means instruction, based on individual needs and goals,
for adults whose skills in reading, writing, numeracy, speaking or listening are
below the grade 12 level. It includes adult basic education and English as a
Second Language instruction described in the States plan for the
implementation of the federal adult education program and adult literacy and
English as a Second Language instruction provided with state and local
funding.
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec8601-A.html
20-A 20105 Article 5, 2. Educational program placement. A school in a
receiving state
shall initially honor placement of a student in educational
programs based on current educational
assessments conducted at the school in
the sending state or participation or placement in like
programs in the sending
state, including but not limited to gifted and talented programs and
English as a
Second Language programs. Nothing in this subsection precludes the school in the
receiving state from performing subsequent evaluations to ensure appropriate
placement of the
student.

B. Illegal Immigrants
Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution prohibits
not allowing illegal immigrants to attend school.
20-A M.R.S.A. 5202 states that a childs parent or legal guardian must reside in the school
district in question in order to get a free and appropriate education.

C. Homeless children
NCLB, Congress reauthorized the McKinney-Vento Homeless Assistance Act
Addresses equal educational opportunities for children that are homeless and requires stated ed.
agencies and local school districts to review and revise laws, regulations, practices and policies
that prevent or create barriers for homeless children in obtaining an education.
http://www.maine.gov/doe/homeless/
http://center.serve.org/nche/legis/mv.php
20-A M.R.S.A. Ch1, pt 1 13-A provides a clear definition of what constitutes a homeless student
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec1.html
20-A M.R.S.A. 5205, 7 Homeless students: Address acts that the commissioner can do to aid
homeless students.
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec5205.html

D. Gender

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Maine Human Rights Act 5 M.R.S.A. 4551
Also the laws noted in this notebook under sexual orientation also apply to gender/sex.

E. Other designated group military children


20-A Ch 910, 20101- 20105 Interstate Compact on Educational Opportunity for Military
Children: This section addresses many factors that affect military children, for example: educational
records, placement and attendance, graduation, waiver requirements, financing, etc.
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec20105.html

III. State court cases or cases settled within your Circuit Court that have involved
desegregation issues or other student classification issues?
Frazer v. Fairhaven Sch. Comm., 276 F.3d 52
http://scholar.google.com/scholar_case?case=10113481050926875855&q=Frazer+v.+Fairhaven+Sch.+Comm.,
+276+F.3d+52&hl=en&as_sdt=6,50&as_vis=1

Doe v. Sch. Admin Dist. No. 139, 66 F. Supp. 2d 57, 67 (D.ME.1999)


http://www.leagle.com/decision/199912366FSupp2d57_1113.xml/DOE%20v.%20SCHOOL
%20ADMINISTRATIVE%20DIST.%20NO.%2019

IV. Does your state protect for sexual orientation?


5, 4601 states it is a civil right (at an education institution) to participate in all educational,
counseling, voc. counseling, apprenticeship and on-the-job training programs without being discriminated
against because of factors including sexual orientation. 4602: Unlawful educational discrimination: states
that it is unlawful to discriminate on the basis of sex cannot be excluded from occupational training or
athletic programs. 4. States that it is unlawful to discriminate on the basis of sexual orientation. People can
not be excluded from participation in, deny a person the benefits of or discriminate in any academic,
extracurricular, research, occupational training or other program activities. This also states that one cannot
deny athletic programs or be denied admission to the institution or program or fail to provide equal access
to any information. (Exemptions are made for educational facilities of bona fide religious corporation,
association, or society.)
http://www.mainelegislature.org/legis/statutes/5/title5sec4601.html
5, Human rights 4591, Equal access to public accommodations http://www.mainelegislature.org/legis/statutes/5/title5sec4591.html
20-A 2404, Public charter school eligibility; enrollment: charter schools cannot discriminate on
given factors including sexual orientation. This states that everyone has access to public accommodations
without discrimination.
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec2404.html

Module 5, Children with Exceptionalities


I. State statutes that provide guidelines for working with children of exceptionality
including all disabilities as identified in state law and gifted and talented, if
addressed.
Maine State Laws specific to education of children with disabilities are in three chapters of
20-A Maine Revised Statutes Annotated (MRSA)
http://www.maine.gov/doe/specialed/laws/
1) Chapter 301 General Provision
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec7001.html
2) Chapter 303 Children with Disabilities
http://www.mainelegislature.org/legis/statutes/20-A/title20-Ach303sec0.html
3) Chapter 304 Maine Educational Center for the Deaf and Hard of
Hearing and the Governor Baxter School of the Deaf
http://www.mainelegislature.org/legis/statutes/20-A/title20-Ach304sec0.html Chapter
301, 7001, 7005, 7006, & 7007 (7002-4 are repealed)
7001. Definitions. This statute provides definitions of the following: agency, child
development services system, child with disability (divided into 2 categories 3 and under and from 3 to 20

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including stipulations for identification), early intervention services, free, appropriate public education,
intermediate education unit, individualized education program team, related services, special education,
special education facility, state licensed agency, childrens residential care facility, special education
program, and special education services.
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec7002.html
7005. Special Education. This states that when feasible State of Maine rules will be more
stringent then the federal statue or regulation.
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec7005.html
7006. Responsibility. This addresses free and appropriate public education for students with
disabilities.
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec7006.html

20-A 4722-A. Proficiency-based diploma standards: Beginning January 1,


2017, a diploma indicating graduation from a secondary school must be based on student
demonstration of proficiency as described in this section.
2. Method of gaining and demonstrating proficiency. Students must be allowed to gain
proficiency through multiple pathways, as described in section 4703, and must be allowed to
demonstrate proficiency by presenting multiple types of evidence, including but not limited to
teacher-designed or student-designed assessments, portfolios, performance, exhibitions, projects
and community service. 3. Exceptions. Notwithstanding subsection 1, a student may be awarded
a diploma indicating graduation from a secondary school in the following circumstances. A. A
child with a disability, as defined in section 7001, subsection 1-B, who achieves proficiency as
required in subsection 1, as specified by the goals and objectives of the child's individualized

II. Any state court cases or cases settled within your Circuit Court that impact the
structure of special education and its delivery in your state:
1) Lisa Ryan Fitzgerald, etc., et. al. v. Barnstable School Committee, et. al., 504 F. 3d 165. Court of
Appeals for the First Circuit
http://www.wrightslaw.com/law/caselaw/07/1st.fitzgerald.barnstable.pdf
2) Maroni v. Pemi-Baker Regional School District (1st Cir. 2003) Decision breaks new ground, Court rules
that parents can pursue IDEA claims in federal court without an attorney.
http://www.wrightslaw.com/law/caselaw/2003/1st.maroni.pemi.baker.
3) City Salem v. Bureau of Special Education Appeals of the Department of Education
http://caselaw.findlaw.com/ma-supreme-judicial-court/1100765.html

III. HOUSE Standards for Special Education Teachers


www.maine.gov/education/hqtp/forms/housse rubricsoct08.doc
1) There are two HOUSSE Rubrics in Special Education. One is K-8, Elementary Special
Education and the other is 5-12, Middle/Secondary Departmentalized and Middle/Secondary Special
Education. Both have five sections, A-E: A. Years of Teaching Experience in the Content Area
B. College Level Coursework in the Content Area and Content Assessments. C.
Professional Development Activities related to the Content taught. D. Service to the
Content Area and Presentations. E. Awards, Recognition and Scholarship in the
Content Area. The elementary core curriculum includes, reading, English, Mathematics, Science, and
Social Studies. Middle/Secondary core curriculum consists of reading, English or Language Arts;
Mathematics; science: General, Life, Physical; Social Studies: History, Geography,
Civics/Government and Economics. For middle/secondary the rubric needs to be
completed for each core academic subject area taught.
http://www.maine.gov/education/hqtp/
2) HOUSE requirements are waived due to budget constraints:
http://www.maine.gov/education/hqtp/index.htm

IV. Other items that were found

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Addresses students who live
in unorganized territories and their rights for special education.
20-A, 3251. School privileges in the unorganized territories:

http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec3251.html
20-A, 3254-A. Other educational programs: 1. Special education programs. The commissioner
shall provide special education and related services to all children with disabilities of the unorganized
territory in accordance with the provisions of chapter 303.
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec3254-A.html
20-A, 4703. Instruction for individual students: Elementary and secondary schools shall
provide students with opportunities for learning in multiple pathways that may include the following:
1. Career and technical education; 2. Alternative education programs; 3. Apprenticeships; 4. Career
academies; 5. Advanced placements; 6. Online courses; 7. Adult education; 8. Dual enrollment;
9. Gifted and talented programs. This law assists with creating IEPs that do not fit the typical schedule.
http://www.mainelegislature.org/legis/statutes/search.asp

Module 6, Students Rights


I. Students right
A. School attendance:
20-A Ch 211, 5001 Compulsory age mandates: 1-2 Age Requirement, Compulsory attendance
between 7 and 17 with the following exceptions: graduates early; reached age of 15 or completed 9th grade;
parental permission; approved work study or training approved by principal; matriculated and is attending
post-secondary institution; attends on-line learning program; permissionfromschoolboardandwritten
agreementthatparentandboardwillannuallymeetuntil17thbirthdaytorevieweducationalneeds;
habitualtruant
Seemoreat:http://statelaws.findlaw.com/mainelaw/mainecompulsoryeducation
laws.html#sthash.BvBm54BX.dpuf
20-A, 3271: Compulsory attendance at school - Unorganized Territory,
1. Required
attendance: Persons residing in the unorganized territory who are at least 7 and under 17 years of age
shall attend a public day elementary or secondary school or an approved private school during the time it is
in session.
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec3271.html
B.Online K-12 education:
20-A 19153, Maine Online Learning Program: This law provides information about approval
of online learning programs and states that state board will develop approval criteria. It also provides
information about requirements.
http://www.mainelegislature.org/legis/statutes/20A/title20Asec19153.html
C. Home schooling: 20-A, pt 3, 211 Parents may choose to have their child (ren) home
schools, but must send notification within ten days of beginning the schooling. The notification will
include: A statement of assurance that indicates the instruction program will provide a minimum of 175
days of instruction in the subject areas of English, math, science, social studies, physical education, health
education, library skills, fine arts and Maine studies at least once between grade 6-12. A statement of
assurance that each year of home schooling, the instructor will provide some form of assessment which is
allowed by the state of Maine.
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec5001-A.html
*Oversight of home schooling 20ACh 211,5001:HomeinstructionAlternativesto
attendanceatpublicdayschool:A.1.
(c1)andA.4."Equivalentinstruction"approvedby
commissioner;localboardsnotrequiredtoplayanyroleinapplication,reviewandapproval,oroversight
ofprogramSeemoreat:http://statelaws.findlaw.com/mainelaw/mainecompulsoryeducation
laws.html#sthash.BvBm54BX.dpuf

D. Charter schools and user fees:

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20-A 2413, Revenue Provisions: the state and local funds follow the student. Therefore the
school administrative unit has to forward the per-pupil allocations to the public charter schools.
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec2413.html

E. Confidentiality of HIV:
5, 19203, Confidentiality of test: states that no person may disclose the results of an HIV test,
except for certain reasons given
http://www.mainelegislature.org/legis/statutes/5/title5sec19203.html

F. Health concerns with attendance (e.g., vaccinations needed):


20-A, 6354, Enrollment in School: this statue addresses immunizations and states that the
superintendent may not enroll a student without a certificate of immunization record with specific
exceptions (provided in this paper under religion section).
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec6355.html

G. Student records:
20-A, 6001, Dissemination of information: This statute states laws that protect student records
and provides information about internet restrictions and providing information to criminal justice agencies
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec6001.html
20-A 6001, transfer of education records: This states that students records must follow students
who transfer.
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec6001-B.html

H. School curriculum requirements (testing, for instance):


20-A 4605, (English): addresses English requirements
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec4701.html
20-A 4721: addresses general requirement 2. Addresses required subjects: 4
yrs of English; 2 yrs - Social studies and history, including American history,
government, civics and personal finance; 2 yrs math; 2 yrs science (1 lab); 1 yr of
fine arts.
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec4721.html
20-A, Ch 222 6201-6205 address assessment: states that a statewide
educational assessment program must be implemented. 6202 states that
commissioner shall establish a statewide assessment program grades 3 12.

II. Students rights:


A. Free speech (including censor): Maine Constitution Article 1, section 4
http://www.maine.gov/legis/const/

B. Confidentiality of records:
20-A Ch 221 6001-6004 Student Records: this address students records: dissemination of
information, internet restrictions, dissemination of ed. records to criminal justice agencies,
parental access to info.; transfer of ed. records. 6005 2. Addresses FERPA.
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec6001.html

C. Dress code:
20-A 1001, 15 Adoption of student code of conduct: states that educators, administrators,
parents, students, and community members will adopt a district-wide student code of
conduct A- defines unacceptable behavior; B. defines students responsible behavior.
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec1001.html

III. Discipline:
A. Suspension/Expulsion:
20-A 1001: 9. Students expelled or suspended.
EXPULSION: Following a proper investigation of a student's behavior and due process
pursuant to subsection 8-A, if found necessary for the peace and usefulness of the school, a school
board shall expel any student: deliberate disorderly; violent; firearm or a dangerous weapon as
defined in Title 17-A, section 2, subsection 9 without permission of a school official; intentionally
or knowingly causes injury with weapon; or threatens injury; or has drug as defined in Title 17-A,
chapter 45. [1993, c. 157, 1 (NEW).]
SUSPENSION: The school board may authorize the principal to suspend students up to a
maximum of 10 days for infractions of school rules. (Can write policy requiring a student who is

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in violation of school substance abuse or possession rules to participate in substance abuse
services. Also, a school board can provide educational services in an alternative setting .
http://www.mainelegislature.org/legis/statutes/20-a/title20-Asec1001.html
http://www.mainelegislature.org/legis/statutes/1/title1sec405.html

A. Truancy:
20-A 5001, Compulsory attendance: students 7 years or older and under 17 have to attend
school in its regular session with the following exceptions: graduates prior to age 17; reached
15 or completed 9th gr.; parents permission to leave school; approval by principal to attend
work program; school board approval to leave; matriculated and is attending post-secondary
school; enrolled in online learning
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec5001-A.html
20-A Pt 2, Ch 119, , Unorganized Territory, Truancy; excusable absences: 2. Truancy. A
person is truant if: A. The person is required to attend school or alternative instruction and
has completed grade 6 under this chapter and has the equivalent of 10 full days of unexcused
absences or 7 consecutive school days of unexcused absences during a school year; B. The
person is required to attend school or alternative instruction and is at least 7 years of age and
has not completed grade 6 under this chapter and has the equivalent of 7 full days of
unexcused absences or 5 consecutive school days of unexcused absences during a school year.
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec5051-A.html
B.

Search and seizure:


U.S Constitution provides regulations for unlawful search and seizure

C. Zero tolerance
20-A 1001, 15-A 15, Address school disciplinary policies B. states to avoid zero-tolerance
practices unless required by federal or state laws, rules, or regulations.

IV. Any state court cases or cases settled within your Circuit Court that involved
student rights such as freedom of speech, dress, discipline including search and
seizure?
Millay v. Surry Sch. Dept., 707 F. Supp. 2d 56 (D. Me. 2010)
https://casetext.com/case/millay-v-surry-school-department-4#.U_KthhjTg7A
Richards v. Thurston, 424 F 2d 1281 (1st Cir. 1970). (student suspended because he refused to cut his hair)
http://www.ahcuah.com/lawsuit/federal/richards.htm

V. Other Items
20-A Pt 3, Ch 201, 4010. Pledge of Allegiance: A school administrative unit shall allow every
student enrolled in the school the opportunity to recite the Pledge of Allegiance at some point during a
school day, but may not require a student to recite the Pledge of Allegiance.
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec4010.html
20-A Pt3, Ch 208-A Postsecondary enrollment 4775. Payment; appropriations: This states
that thee department will pay 50% of the in-state tuition for the first 6 credit hours taken each semester by a
student at an eligible institution and up to 12 credit hours per academic year.
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec4775.html

Module 7, Teachers Substantive Rights


I. Tenure: http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec13201.html
A. How is it defined in your state: 20-A, 13201: After a probationary period of 3
years B. Non-tenure teachers have any due process rights: 20-A 13201: no
II. State law on whistle-blowing:
Maines Whistleblower Protection Act 26 M.R.S.A. 831
http://www.mainelegislature.org/legis/statutes/26/title26sec833.html

III. State textbook selection guidelines:


20-A, 1001, Duties of a School board, 10-A: States that the school board will adopt a policy

13
governing the selection of educational materials and may approve educational materials.
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec1001.html
20-A 4002 Rules: 1. Textbooks may be provided to students at the expense
of the school unit. 3.This states that the school board may adopt rules for
distributing and preserving schoolbooks, apparatus and appliances.
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec4002.html

IV. Child abuse and neglect law:


22 Pt 3, Ch 1071 Subchapter 2, 1071: Lists 32 required
reporters teachers, bus drivers, guidance counselors are included
http://www.mainelegislature.org/legis/statutes/22/title22sec4011-A.html
17-A Pt 2, Ch 23, 554 (1) B-1: Addresses endangering the welfare of a child and states that a
parent, legal guardian, or person who is caring for or has custody of a child may not use extreme
punishment; endangering the welfare of a child is a Class D crime.
http://www.mainelegislature.org/legis/statutes/17-A/title17-Asec554.html

V. Protections against employee discrimination:


20-A, Ch 1, Pt 1, 6: Gender equity hearings: this law states starting in 1991 and the following
each odd-numbered year, the Legislature (a joint standing committee) will review the status of women in
public education.
http://www.mainelegislature.org/legis/statutes/5/title5sec4576.html

VI. Court cases involving teacher rights:


After searching, I was unable to find cases in 1st Circuit
VII. Other Items:
20-A Pt 3, Ch 207-A, Subchapter 1, 4708. Grades final: When grades are given for any course
of instruction offered by a school, the grade awarded to a student is the grade determined by the teacher of
the course and the determination of a student's grade by that teacher, in the absence of clerical or
mechanical mistake, fraud, bad faith or incompetence, is final.
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec4708.html

Module 8, Term and Conditions of Employment


I. Licensure/certification requirements for teachers and administrator
http://www.maine.gov/sos/cec/rules/05/chaps05.htm
http://maine.gov/sos/cec/rules/05/chaps05.htm
20-A, Pt 3, Ch 206, Subchapter 1, 4502. School approval requirements:
4. Staff qualifications. This states the need of school boards to employ only teachers and other
educational personnel who are properly certified in accordance with certification.
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec4502.html
Teacher:
20-A Part 6, Ch 502 13013: Teacher certificate is renewable certificate for someone who has held
a provisional certificate and met specific qualifications and has 4 qualifications:
1. Has a provincial certificate and has taught in a classroom for 2 academic years or
2. Has held a professional teacher certificate that has lapsed within the last 5 years. (If so must
receive a recommendation to the commissioner by an approved support system pursuant to section 13015)
3. Is a teacher with 5 or more years of experience teaching within the 7 years prior to application in
the State under a valid certificate in another state and who has graduated from a state-approved preparation
program that utilizes the standards of a national association of state directors of teacher education and
certification or a national council for accreditation of teacher education or a national board certificate
issued by the National Board for Professional Teaching Standards, or its successor organization, or, with the
exception of the national teachers exam, meets entry-level standards for the endorsement;
4. Holds a provisional teacher certificate issued pursuant to section 13012, subsection 2-A, paragraph
D and has taught for at least one year under a provisional teacher certificate.
5. Is seeking to hold only adult education or from birth to under age 6 endorsements.
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec13013.html
Administration:

14
1.
2.
3.
4.

Three years of satisfactory teaching experience or an equivalent relevant experience


Academic and professional knowledge as demonstrated through a.) completion of graduate or
undergraduate courses or programs, b.) performance in examinations or c.)completion of
specialized programs approved for this purpose
A basic level of knowledge in competency areas determined by the state board
Satisfactory completion of an approved internship or practicum in the duties of a principal

http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec13019-B.html
Superintendent:
20-A Part 2, Ch 101, Subchapter 2: 1051. Selection of superintendents:
1. Eligibility requirements. a state certificate of superintendence grade, issued in accordance with
chapter 501 or 502; not a school board member in the school administrative unit that they
represent.
2. Revoked in accordance with section 13020 - revocation include, but are not limited to, the
employment or retention of uncertified personnel in a school administrative unit in violation of
this Title or of any rules adopted pursuant to this Title.
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec1051.html

II. Hiring and appointment laws/regulations


20-A M.R.S.A. 13201 Hiring is a three-step process: first the superintendent nominates, next
nomination is approved by board, then the superintendent must employ the teacher.
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec13201.html

III. Cause for termination of a teacher


20-A M.R.S.A. 13202: The State of Maine has 2 reasons for dismissal. One is unfit to teach or
if the teachers services are unprofitable to the school. Nonrenewal is the end of a contract and dismissal
is termination during the term of the contract.
The process includes five steps: investigation by school board, due notice of a hearing, school board
hearing, If dismissed then a certificate of dismissal, and the reason given.
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec13202.html

IV. Personnel evaluation and record-keeping


20-A M.R.S.A. 6102: states a personnel file includes - formal and informal evaluation, and
reports character, credit, work habits, compensation and benefits.
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec6102.html
L.D. 1858, Public Law, Chapter 6353 requires each school administrative unit to develop and
implement a performance evaluation and professional growth system for teachers and principals that does
the following: complies with the new law; meets criteria to be established by rules written by the DOE; and
is approved by the DOE.
http://www.mainelegislature.org/legis/bills/bills_125th/billtexts/HP137601.asp

V. Union and collective bargaining regulations that could include delineation of the
powers of teachers' unions, timeframe for the process, what can and cannot be
negotiated
26 Ch 9-A Municipal Publication Employees Labor Relations Law, 961-974 addresses the
many factors of labor relations, unions, negotiations, contracts, and such.
http://www.mainelegislature.org/legis/statutes/search.asp

VI. Other Items


20-A Pt 3, Ch 201, 4011. Employment reference immunity: this addresses good faith when
providing a information about a former employees job performance.
4-A. Affirmative action plan. Each school administrative unit shall develop an affirmative action
plan in accordance with Title 5, chapter 65 as part of the school approval process and update this plan
annually as necessary that includes a description of the status of the unit's nondiscriminatory hiring practice
provided in section 1001, subsection 13, plans for in-service training programs on gender equity for
teachers, administrators and school boards, and a plan for meeting the 5-year goal established under section
254, subsection 9.

15
20-A Pt 3, Ch 206, Subchapter 1 4502. School approval requirements: B. Addresses staffing,
including student-teacher ratios - permit maximum student-teacher ratios of 25:1 school-wide for
kindergarten to grade 8 and maximum student-teacher ratios of 30:1 school-wide for grades 9 to 12;

Cases:
Lane v. Board of Directors of M.S.A.D. No. 8, 447 A.2d 806 (Me. 1982).
Wright v. Portland Superintending School Committee, 331 A.2d 640 (Me. 1975)
A teacher who left his gun and bullets in his jacket was dismissed, but was rehired due to
The Maine Supreme court stated that a single isolated instance does not constitute
unfitness.